Brandpay The next gen social currency
brandpay for business
Login

Terms of Use

1. Welcome


Welcome to the brandpay website (the "Site"), provided to you, a consumer user ("you" or "your"), by True Ample Limited (Hong Kong Co. No. 3065248) with its registered office at 6th Floor, Wyndham Place, 44 Wyndham Street, Central Hong Kong (referred to herein as either "brandpay," "we," "us," or "our"). The Site, and all related services, functions, software and platforms (collectively, the "Services"), allow you to engage with brands, earn rewards through social media engagement, and utilize those rewards at participating venues and businesses.


By using the Site or any of our Services, you agree to be bound by these Terms of Use, our Privacy Policy, and any additional terms incorporated by reference (the "Terms").


2. User Eligibility & Account Registration


2.1 Eligibility: You must be at least 18 years old (or the minimum legal age of majority in your jurisdiction) to use the Site or any of our Services. By registering, you confirm that you meet this requirement. If we learn or have reason to suspect that you are not over the age of 18, we will have to cease providing you access to the Site and/or any of our Services.


2.2 Account Registration: To use any of our Services and to participate in brandpay campaigns, you must register an account using your mobile phone number. You will also be required to link your Instagram or other social media accounts so we can track and verify your campaign participation and content engagement.


2.3 Account Accuracy: You must provide accurate, complete and up-to-date information when creating your account and ensure that your linked social media accounts remain active. You must also maintain and update your account information as necessary, when and as required. You will not be able to use the Site or any Services if you provide false, inaccurate, misleading or outdated user information and if we detect false, inaccurate, misleading or outdated information, we may suspend or terminate your account and access to the Site and/or Services.


2.4 Security: You are responsible for maintaining the security of your account credentials. Notify us immediately at [email protected] if you suspect unauthorized access.


3. How brandpay Works


3.1 Earning Rewards: You can earn brandpay rewards by participating in brand campaigns, posting content on your social media accounts in accordance with all terms, conditions, guidelines, rules and regulations of the relevant social media platforms, and mentioning brands as specified in campaign guidelines.


3.2 Tracking Engagement: Your linked social media accounts allow us to track posts, likes, and interactions related to campaigns you participate in.


3.3 Using Rewards:


  • Rewards earned through campaigns can be spent at participating venues via the brandpay website or app.
  • Rewards may also be converted into "brandpay Cash," a universal form of digital credit that can be redeemed with any live brand on the brandpay platform.

3.4 Conversion of Rewards:


  • Brand-specific currency may be converted into brandpay Cash at a 2:1 ratio (50% of the brand’s currency value will be returned to the brand for future campaigns), including upon the expiration of any rewards consisting of brand-specific currency.
  • Participating brands have the discretion to set reasonable redemption limits on brandpay Cash per transaction.

4. Consumer Obligations & Acceptable Use


4.1 Compliance with Campaign Terms: You must follow the specific rules of each campaign, including posting guidelines, tagging requirements, and deadlines.


4.2 Prohibited Activities include:


  • Creating multiple or fake accounts to earn rewards fraudulently.
  • Manipulating engagement metrics (e.g., buying likes or fake followers).
  • Posting inappropriate, offensive, or illegal content or content we deem to be inappropriate or content in breach of the rules of any relevant platform on which it is posted.
  • Using brandpay for commercial purposes not authorized in writing by us.
  • Attempting to exploit system vulnerabilities.

4.3 Violation Consequences: If you breach these Terms, we may, in our absolute discretion, suspend or permanently ban or terminate your account and/or access to the Site and/or any Services and revoke any rewards earned through improper means.


5. Changes to Services & Terms


5.1 Platform Updates: brandpay reserves the right to modify features, functions, and campaigns at any time.


5.2 Term Updates: We may update these Terms as needed. Any modifications will be posted on the Site, and continued use of the Services after the "Last Updated Date" constitutes acceptance of the changes.


6. No Warranties


6.1 YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE SITE AND ANY CAMPAIGN REWARDS ARE PROVIDED AT YOUR SOLE RISK, ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT THE USE BY YOU OF CAMPAIGN REWARDS ARE DEPENDENT ON THE RELEVANT THIRD PARTY BRANDS AND VENUES HONOURING THOSE REWARDS. USE OF THE SERVICES, SITE AND REWARDS AND RELIANCE ON THE SITE CONTENT OR MATERIALS AND THE HONOURING OF CAMPAIGN REWARDS IS DONE SOLELY AT YOUR OWN RISK. BRANDPAY DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, THE SITE, THEIR CONTENT AND OTHER MATERIALS, AND THE USE AND APPLICATION AND HONOURING OF ANY CAMPAIGN REWARDS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY, RELIABILITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT TO YOU THAT ANY THIRD PARTY WILL HONOUR ANY OR ALL CAMPAIGN REWARDS.


6.2. We provide the Site and the Services using a reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about the Site or Services. You must not rely on the Site or its continuation. You accept the inherent security risks of providing information over the internet and social media and dealing online, agree that any information or content made available by us on the Site or via the Services is intended to provide general information only in summary form, including in relation to legal or other issues, and agree that in no event will we be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Site.


6.3 We do not represent or warrant to you that: (i) your access to or use of the Site or Services will meet your requirements or will be uninterrupted, timely, secure or free from error; (ii) usage data provided through the Site will be accurate; (iii) the Site or any content, Services, or features made available on or through the Site or Services are free of viruses or other harmful components; or (iv) that any data that you disclose when you use the Site will be secure.


6.4. We have no liability or responsibility for any breach of security unless it is due to our gross negligence, and we exclude any warranties, representations, conditions and guarantees (i) about the safety or security of the Site or the Services, (ii) regarding the delivery of any messages (such as emails, in-mails, SMS, social media, posting of answers or transmission of any other user generated content) sent through the Site or the Services to anyone, or (iii) that the Site or Services will function without interruption or errors, and you acknowledge that the Site or Services may be interrupted, or subject to errors, due to maintenance, updates, or system or network failures or other causes. To the extent permitted by law, we (w) hereby disclaim all liability for any losses as may be caused by or in connection with any such interruption or errors in functioning, (x) will not be responsible or liable to you for any losses you incur as the result of your use of the Site, including but not limited to any losses, damages or claims arising from: (i) user error, such as forgotten passwords; (ii) server failure or data loss; (iii) corrupted wallet files; or (iv) unauthorised access or activities by third parties, including, but not limited to, the use of viruses, phishing, brute-forcing or other means of attack against the Site or the Services, (y) are not responsible for losses due to any features of the Site or Services or any other network, and (z) do not have any obligation to monitor the use of our Services or the Site by other users or their customers.


6.5. The Site may contain links to internet sites or resources maintained or controlled by third parties. You acknowledge and agree that: (a) We have no control over, and are not responsible for, the contents of any such sites (including the accuracy, legality or decency of any information) or any link contained on such sites; (b) such link does not imply any endorsement by us; (c) we are not responsible for the legality or intellectual property compliance of any such site; and (d) we will not be liable for any damages or loss arising in any way out of, in connection with or incidental to any information or third party service provided by any third party. While We take all reasonable due care in ensuring the privacy and integrity of information you provide to us (see our Privacy Policy), the possibility always exists that this information could be unlawfully accessed or observed by third parties while in transit over the internet or while stored on our system. To the greatest extent possible pursuant to law, we expressly disclaim any liability to you should this occur. In consideration for the benefits of registering an Account in accordance with the Terms, you agree that in no event will you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Site or any Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Site or any Services or any content or other material used or displayed through the Site or Services. Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so some or all of the above exclusions may not apply to you.


7. Limitation of Liability, Indemnities & Disclaimers


7.1 You will indemnify and save harmless brandpay and its directors, officers, employees, representatives and agents ("Related Parties") against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys' fees) ("Damages") asserted against, imposed upon or incurred by brandpay and/or any of its Related Parties resulting from or arising out of any violation of these Terms by you or arising and related to your use of the Site or any Services or Site content or materials.


7.2 Subject to applicable laws, the cumulative liability of brandpay for all claims relating to the Site or any Services or Site materials or content or any campaign rewards, regardless of the form of action, whether in contract or tort, including negligence, intellectual property infringement, strict liability, or otherwise, shall not exceed ten united states dollars.


7.3 brandpay will not be liable for damages of any kind including, without limitation, compensatory, consequential, incidental, indirect, special or similar damages, including any lost profits, revenues, or data, financial losses, loss of goodwill or any other indirect, special, consequential, exemplary or punitive loss or damages, that may result from or arise in connection with the use of, or the inability to use or access, the Site or the Services or any Site materials or content or any campaign rewards, whether the material, content or rewards are provided or otherwise supplied by brandpay or any third party, including any brand or venue.


7.4 The limitations, exclusions and disclaimers in this section and elsewhere in these Terms apply to the maximum extent permitted by applicable laws.


7.5 We recognise that in some countries, you might have legal rights as a consumer. To the extent permitted by law, any liability of ours in connection with the Services or Site or campaign rewards under any statutory right (including any condition or warranty implied by law or any guarantee or other right under any statute) that by law cannot be excluded is, where permitted by law, limited at our option to the resupply of the relevant services or the payment of the cost of same.


8. Privacy & Data Use


8.1 Data Collection: By using brandpay, you agree that we may collect and process your data, including social media interactions, to track engagement and administer rewards and for any other purpose permitted by, and in accordance with, our Privacy Policy.


8.2 Data Sharing: We do not sell personal data to third parties. However, your content, engagement data, and anonymized usage statistics may be shared with campaign brands in accordance with our Privacy Policy.


8.3 For full details on data processing, please refer to our Privacy Policy at https://brandpay.io/privacy-policy.


9. Termination of Account


9.1 Voluntary Termination: You may close your account at any time by contacting [email protected].


9.2 Involuntary Termination: brandpay may suspend or terminate your account if you violate any of these Terms, engage in fraudulent or inappropriate activity, or misuse the Services.


9.3 Effect of Termination:


  • Any unused rewards may be forfeited upon termination.
  • Your account and data may no longer be accessible.

10. Governing Law & Dispute Resolution


These Terms are governed by the laws of Hong Kong SAR, China, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Hong Kong will have exclusive jurisdiction over all disputes between the parties.


11. Contact Information


For any questions or support, contact us at [email protected]


Last Updated: 27 February 2025